Wis. Chair Co. v. Indus. Comm'n of Wis.

• Citation: 163 Wis. 25,157 N.W. 1103
• Parties: WISCONSIN CHAIR CO. ET AL. v. INDUSTRIAL COMMISSION OF WISCONSIN ET AL.
• Decision Date: 11 April 1916
• Court: Wisconsin Supreme Court

163 Wis. 25

157 N.W. 1103

WISCONSIN CHAIR CO. ET AL.

v.INDUSTRIAL COMMISSION OF WISCONSIN ET AL.

Supreme Court of Wisconsin.

April 11, 1916.

Appeal from Circuit Court, Dane County; E. Ray Stevens, Judge.

Proceedings under Workmen's Compensation Act by Martin Borsenik against the Wisconsin Chair Company. An award by the Industrial Commission was reversed on appeal to the circuit court, and from the judgment of the circuit court the Industrial Commission and Borsenik appeal. Affirmed.W. C. Owen, Atty. Gen., and J. E. Messerschmidt, Asst. Atty. Gen., for appellants.

Olin, Butler, Stebbins & Stroud, of Madison (Adams, Crews, Bobb & Wescott, of Chicago, Ill., of counsel), for respondent.

ROSENBERRY, J.

The question presented by the appeal is whether or not there was sufficient evidence before the Commission to give it jurisdiction to act in the premises. Chief Justice WINSLOW and Justices MARSHALL and VINJE are of the opinion that there was no such evidence, and that therefore the judgment of the circuit court should be affirmed, while Justices SIEBECKER, KERWIN, and the writer are of the opinion that there was such evidence, and that therefore the judgment of the circuit court should be reversed, and the award of the Commission affirmed. This court being equally divided, the judgment of the circuit court is thereby affirmed.

Judgment affirmed.

TIMLIN, J., took no part.